http://www.speaker.gov/blog/?p=490Science Subcommittee Urges Criminal Investigation of NASA General Counsel
June 14th, 2007 by Jesse Lee
Chairman Brad Miller and Ranking Member F. James Sensenbrenner of the Science Subcommittee on Investigations and Oversight urged the Department of Justice today to investigate and possibly prosecute Michael Wholley, the general counsel of NASA, for obstruction of justice and destruction of government records. Subcommittee Chairman Miller and Ranking Member Sensenbrenner have referred the matter to DOJ for investigation and possible prosecutions.
June 14, 2007
Alberto Gonzales, Attorney General
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530
Dear Mr. Gonzales:
By this letter, we are referring Michael Wholley, the general counsel of the National Aeronautics and Space Administration (NASA), to the Department of Justice for investigation into and possible prosecution for obstruction of justice and destruction of government records under 18 U.S.C. § 1505, 18 U.S.C. § 1512(c) and 18 § U.S.C. 2071.
On May 24, 2007, Mr. Wholley testified before the Subcommittee on Investigations and Oversight of the House Science and Technology Committee that he had personally destroyed the video records of an April 10 agency meeting between NASA Administrator Michael Griffin and the staff of the Office of the Inspector General (OIG) because:
(I)f they were retained and filed, they could become
records by virtue of that retention. From my perspective . . . I did not believe it wise to have these in any way become records, subject to release under FOIA . . . .
I personally made the decision to destroy them, and I did so by breaking them into pieces and throwing them in the trash.
The meeting in question was a mandatory meeting between Mr. Griffin and the staff of NASA’s OIG to discuss the corrective actions that Mr. Griffin was recommending for Robert Cobb, NASA’s inspector general. The President’s Council on Integrity and Efficiency (PCIE) determined in January of 2007 that Mr. Cobb had abused his authority as an inspector general and lacked an appearance of independence from NASA officials. Clay Johnson, deputy director of the Office of Management and Budget (OMB) and PCIE chairman, forwarded the report to Mr. Griffin to take corrective steps. Mr. Griffin had included the meeting in his “Letter of Instruction” to Mr. Cobb.
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Full letter to Attorney General Alberto Gonzales at link~